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European Merger Control Law: A Guide to the Merger Regulation

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European officials actively review mergers, acquisitions, and other combinations between companies doing business in the European Union. European Merger Control Law: A Guide to the Merger Regulation is an indispensable guide to this process. Topics covered include:

History of the European Community's Merger Control Regulation
•  Concentrations Subject to the Merger Control Regulation
•  Division of Powers between the EC and Its Member States
•  Notification and Administrative Procedures
•  Defenses
•  Remedies
•  International Cooperation
•  U.S. Merger Control
•  Role of Economics in European Merger Control
•  Competition Law Issues in the Mergers and Acquisitions Deal Process

First published in 2003.

Looseleaf; updated with revisions.

2 Volumes

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Table of Contents

Volume 1


Chapter 1 Overview


Chapter 2 Legislative History and Legal Basis



Chapter 3 Implementation and Enforcement



Chapter 4 Application and Evolution



Chapter 5 Concentrations



Chapter 6 Jurisdictional Thresholds



Chapter 7 The Division of Powers Between the Commission and the Member States



Chapter 8 Definition of the Relevant Market



Chapter 9 Market Share Calculation and Assessment



Chapter 10 Substantive Appraisal



Chapter 11 Unilateral Effects



Chapter 12 Conglomerate Effects



Chapter 13 Vertical Effects



Chapter 14 Coordinated Effects



Chapter 15 Efficiencies and the Failing Firm Defense



Chapter 16 Spill-Over Effects of Joint Ventures



Chapter 17 Notification and Administrative Procedure



Chapter 18 Remedies



Chapter 19 Ancillary Restraints



Chapter 20 Judicial Review



Chapter 21 Application of Articles 101 and 102 to Concentrations and
Other Acquisitions



Chapter 22 International Cooperation



Volume 2



Chapter 23 U.S. Merger Control Law



Chapter 24 The Role of Economics in European Merger Control



Chapter 25 Competition Law Issues in the M&A Deal Process




Table of Cases



Table of Legislation



Index



Appendix 1 Council Regulation (EC) No 139񳏄 of 20 January 2004 on the control of
concentrations between undertakings



Appendix 2 Commission Regulation (EC) No 802񳏄 of 7 April 2004 implementing
Council Regulation (EC) No 139񳏄 on the control of concentrations
between undertakings



Appendix 3 Form CO relating to the notification of a concentration pursuant to
Regulation (EC) No 139񳏄, 2013 O.J. L336ǚ



Appendix 4 Short Form CO for the notification of a concentration pursuant to
Regulation (EC) No 139񳏄, 2013 O.J. L336ቮ



Appendix 5 Form RS relating to reasoned submissions pursuant to Article 4Ɣ) and ƕ)
of Council Regulation (EC) No 139񳏄, 2013 O.J. L336ቹ



Appendix 6 Commission Consolidated Jurisdictional Notice under Council Regulation
(EC) No 139񳏄 on the control of concentrations between undertakings



Appendix 7 Commission Notice on the definition of relevant market for the purposes of
Community competition law ခ/C 372቟)



Appendix 8 Guidelines on the assessment of horizontal mergers under the Council
Regulation on the control of concentrations between undertakings 񢉔/C
31቟)



Appendix 9 Commission Guidelines on the assessment of non-horizontal mergers under
the Council Regulation on the control of concentrations between
undertakings



Appendix 10 Commission Notice on restrictions directly related and necessary to
concentrations 񢉕/C 56቟)



Appendix 11 Commission Notice on remedies acceptable under Council Regulation (EC)
No 139񳏄 and under Commission Regulation (EC) No 802񳏄



Appendix 12 Form RM relating to the information concerning commitments submitted
pursuant to Article 6ƒ) and 8ƒ) of Regulation (EC) No 139񳏄



Appendix 13 Commission Notice on a simplified procedure for treatment of certain
concentrations under Council Regulation (EC) No 139񳏄



Appendix 14 Commission Notice on Case Referral in respect of concentrations



Appendix 15 Case Team Allocation Request Form



Appendix 16 Divestiture Commitments: Model Texts and Best Practice Guidelines
Ώ] Standard Model for Divestiture Commitments
ΐ] Standard Model for Trustee Mandate
Α] Explanatory Note on the Commission's Model Texts for Divestiture
Commitments and the Trustee Mandate under the EC Merger Regulation



Appendix 17 EU Merger Notification and Procedures Template



Appendix 18 DG Competition Best Practices on the conduct of EC merger control
Proceedings



Appendix 19 Best Practices on cooperation in merger investigations US-EU Merger
Working Group



Appendix 20 DG Competition Best Practices for the submission of economic evidence
and data collection in cases concerning the application of Articles 101 and
102 TFEU and in merger cases



Appendix 21 Court of Justice and General Court Practice Directions


Appendix 22 U.S. 2010 Horizontal Merger Guidelines


Appendix 23 1984 DOJ Merger Guidelines, Section 4


Appendix 24 Hart-Scott-Rodino Filing Form


Appendix 25 Notes to the Hart-Scott-Rodino Filing Form


Appendix 26 Sherman Act


Ώ] Section 1


ΐ] Section 2


Appendix 27 Clayton Act


Ώ] Section 1


ΐ] Section 7


Α] Section 7A


Β] Section 16


Appendix 28 Federal Trade Commission Act Section 5


Appendix 29 National Cooperative Research and Production Act


Ώ] Section 1


ΐ] Section 2


Α] Section 3


Β] Section 4


Γ] Section 5


Δ] Section 6


Appendix 30 Member State Merger Control Laws and Agencies


Ώ] Member States' Merger Control Thresholds


ΐ] Member States' Merger Control Agencies


Appendix 31 Merger Control Statistics 1990 through 2013


Appendix 32 Leading Cases By Sector